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Conditions of Use
Sales Conditions
1. Scope
1.1. These Terms and Conditions apply, in that version applicable at the time that the respective
contract is concluded, to all mutual entitlements and claims arising from and in connection with a
conclusion of contract between the customer and seller.
1.2. By issuing an order the party placing the order acknowledges that our Terms and Conditions
are binding, including in relation to orders which we fulfil, without reference to said conditions,
during the course of an ongoing business relationship, i.e. following the initial delivery.
1.3. The customer s conditions will only be applicable if and to the extent that we have expressly
confirmed this in writing.
1.4. In the event of conflicts the following provisions take precedence in the following order:
1.4.1 separate agreements made upon the conclusion of contract
1.4.2 these Terms and Conditions
1.4.3 statutory provisions
2. Groups of customer
2.1 Consumers, for the purposes of the terms and conditions of business, are natural persons, with
whom a business relationship is established, whereby no commercial or freelance employment
activity may be attributed to them.
2.2 Entrepreneurs within the meaning of these terms and conditions are natural or legal persons
or joint partnerships with legal capacity, with whom/which a business relationship is established,
whereby such parties act in pursuit of a commercial or freelance employment activity.
2.3 Customers within the meaning of these terms and conditions are both consumers and ent-
repreneurs.
3. Commercial agents and resellers
3.1. Commercial agents are subject to our Terms and Conditions, in that version applicable at the
time that the respective contract is concluded.
3.2. Resellers who market our products to consumers, require our written consent with respec-
tively separately agreed terms and conditions.
3.3 We reserve the right to demand that customers provide evidence of their commercial activity
(trading permit) and may refuse to make deliveries to customers who fail to present evidence of
their commercial activity.
4. Offers
4.1. Our offers are generally subject to change with regard to price, quantity, delivery time and
delivery availability. Modifications to goods in relation to appearance or technology are permissible
without specific notice, provided such modifications do not affect the function of the item.
4.2. Customers and potential customers are informed that the articles marketed here are subject
to continuous further development.
4.3. The information in our confirmation of order is binding.
5. Prices
5.1. Our prices are net prices and do not include VAT and apply ex warehouse, excluding packaging
and transport insurance. Packaging will be invoiced at cost and may not be returned.
5.2. Our most recent price list always applies. The issue of a new price list or catalogue will render
all previously agreed prices invalid.
5.3. We reserve the right to adjust our prices to accommodate non-calculable influences, such
as currency fluctuations or price increases implemented by our suppliers. In this case the prices
contained in our price list are invalid.
5.4. All prices not corresponding to our price list are special prices. Special prices are only valid for
the relevant purchase agreement and are not binding for subsequent orders.
6. Delivery time
6.1. Delivery times are carefully calculated from the time of the date of confirmation. Events attri-
butable to force majeure will entitle us to wholly or partially cancel our duties regarding deliveries.
Circumstances that delay, impair or jeopardise the delivery, payment or the orderly distribution
of our goods, will release us from our duties of delivery or advance obligations of performance.
6.2. Our failure to fulfil our confirmed delivery times will not entitle our customer to claim dama-
ges. However, it may cancel the order if the delay to the delivery exceeds 4 weeks. The counter-
performance or advance payment rendered by the customer will be reimbursed within two weeks
following the cancellation.
6.3. Claims for damages are excluded in respect of failure to perform the contract and for indirect
loss/damage.
7. Deliveries, passage of risk
7.1. We have fulfilled our delivery obligations with the departure of our goods from the warehouse.
Unless otherwise agreed in writing, the shipment will be performed at the cost and risk of the
customer.
7.2. The shipment of goods will be performed by a transporter of our choice, unless otherwise
agreed.
7.3. Part deliveries are permitted.
7.4. The minimum order value is 55,00 EUR net. For orders under 55,00 EUR net. we will charge a
fee in the amount of 12,00 EUR net.
8. Acceptance of goods
8.1. All deliveries of goods must be examined for transport damage and contents by the recipient
promptly following the receipt of said goods. Sample checks are permitted in respect of bulk
articles.
8.2. In the event of transport damage, an inventory must be performed and confirmed by the
transporter. Unless the transporter has signed the record of inventory, no damages or subsequent
delivery will be performed in respect of the goods damaged during the transport.
8.3. Prior to their initial use, measurement devices must be examined by trained personnel or
calibration laboratory with respect to measurement precision and functionality; if necessary, said
devices must be recalibrated according to the applicable regulations. Measurement devices must
be regularly checked and serviced.
9. Notification of defects
9.1. Our goods are not impaired with any material defects if, upon the passage of risk, they bear
the characteristics specified by us.
9.2. Complaints due to defects, discrepancies in quality or other deviations will only be acknow-
ledged, if these are raised in writing within two weeks following the receipt of the goods. If a
complaint is submitted in accordance with the time and form requirements, and we acknowledge
the complaint, we will, at our discretion, perform a substitute delivery or issue a credit note. Other
claims to damages are excluded.
10. Warranty
10.1. If, within one year (in the case of entrepreneurs) or within two years (in the case of consu-
mers), the goods exhibit defects or faults attributable to us, we undertake to eliminate the fault
within a reasonable period of time. The goods must be returned to us carriage paid. If and only
if subsequent performance proves unsuccessful, will we take the goods back and reimburse the
purchase price. Other warranty claims are hereby excluded.
10.2. In the case of a customized laser inscription on goods, the substitute delivery of equivalent
goods may be made without this inscription.
10.3. No warranty is assumed for damage due to natural wear, negligent or improper use. This
applies in particular for damage to measurement devices such as damage caused by physical
impacts on measurement tips of the measurement jaws, scratches on measurement surfaces and
scales, glass breakage and the application of force on electronic components.
10.4. Used goods, offered by us from time to time, will be examined by us carefully prior to sale,
but any warranty for defects is nevertheless excluded. Our customers may however return such
goods within two weeks, unless otherwise provided for in the agreement.
11. Exchange, return and incorrect orders
11.1. The exchange or return of fault-free goods can only be guaranteed for goods that have not
been used, if they are still in our current range and their version is still current. Returns made in
this context must generally be made within 12 weeks from the date of invoice.
11.2. It is not possible to exchange or return goods from remnants of discontinued stock.
11.3. The right of return and exchange is excluded in respect of goods ordered with additional, ex-
ternal services, such as laser inscription, calibration by calibration laboratory, and goods reworked
by customers, particularly those which have been engraved.
12. Consumer rights and right of cancellation
12.1. If the consumer orders goods by an electronic method, we will promptly confirm the receipt
of the order. The confirmation of receipt does not constitute a binding acceptance of the order. The
confirmation of receipt can be accompanied by the declaration of acceptance. The customer will
be promptly informed of any non-availability of goods and services. The counter-performance will
be reimbursed promptly.
12.2. If the consumer orders the goods by an electronic method, we will store the contract text and
send it to the customer, upon demand, by email along with these Terms and Conditions.
12.3. The applicable prices are those prices displayed on our internet pages at the time of the
order. We reserve the right to correct manifest errors.
12.4. All prices are stated in Euro and do not include statutory VAT/sales tax, unless explicitly
stated otherwise.
12.5. The consumer has the right to cancel the contract within two weeks of having received the
goods. The cancelation need not contain any reasons, and must be issued in text (written) form
or by returning the goods; the time period requirement is satisfied if the goods are shipped for
return within that time.
12.6. If exercising the right of cancellation, the consumer is obliged to undertake the return of
the goods, if the goods can be sent in package form. In the event that the right of cancellation is
exercised, the consumer will bear the costs of the return shipment if the value of the order is less
than 40.00 EUR, unless the delivered goods do not correspond to those ordered. If the order value
exceeds 40.00 EUR, the consumer is not liable to bear the costs of the return delivery.
12.7. The consumer is required to compensate the loss in value due to deterioration caused
through the proper use of the article. The consumer will examine the goods carefully and tho-
roughly. The consumer will bear the loss in value, if any use extending over and beyond a mere
examination means that the goods can no longer be sold as „new“.
12.8. Consequences of cancellation 1. The goods must be returned in their original packaging and
with all relevant accessories. If the original packaging is no longer available, the consumer must
ensure that he packages the goods in such as way as to protect them from any damage occurring
during transport. The consumer will be charged for the costs of the original packaging or this sum
will be deducted from the reimbursed purchase price. The invoice (copy or original) must accom-
pany the return delivery. We can charge a fee for restoring for each piece in the amount of €12,00.
13. Disclaimer
13.1. In the event of a breach of duty due to ordinary negligence on our part, our liability is limited
to the foreseeable damage typical for this type of contract.
13.2. We will not be liable for indirect damage, such as that resulting from a measurement error
produced by our measurement device.
14. Payment
14.1. The settlement of our invoices is subject to the terms of payment effective on the day of
delivery. The payment conditions and periods stated on the invoice will apply. We reserve the right
to demand payment in advance or the issue of a direct debit authorisation. The purchaser will bear
all discount and banking charges. In the event that payment deadlines are not fulfilled, outstan-
ding sums will be charged default interest at the rate of 8% over the discount rate per month of
the relevant central bank. Early payment discounts separately agreed will only be acknowledged
provided no other invoices are outstanding.
14.2. Payments received from abroad must, as a rule, be paid without payable bank charges. Any
costs incurred will be passed on to the customer.
14.3. Our payment demands, including where certain payment dates have been agreed, will all
be due immediately, if the customer is in default of any obligation, or if cheques are not honoured
or if payments are suspended. In such cases we are entitled to demand the return of our goods
and to cancel the contract.
15. Retention of Title
15.1. We reserve the title to all goods delivered by us, until the complete payment of all our
payment claims arising from the business relationship, settlement of any current account balance
due from the customer and until the full encashment of proffered cheques, bills of exchange or
other means of payment.
15.2. The purchaser is only entitled to resell the goods delivered by us if this forms part of its usual
business activity and only if it is not in default of payment. It is not permitted to use our goods for
the purpose of providing collateral or arrangement a lien.
15.3. In the event that our goods are resold, the payment claim thereby established will be trans-
ferred to us to the extent (amount) of the price charged by us. The purchaser must notify other
parties of our rights.
16. Court
The place of performance for this contract is the registered address of the supplier. Disputes arising
from this contract will be heard before that court with jurisdiction for the registered address of
the supplier.
17. Other claims
Other claims, irrespective of the basis, are excluded unless these have been expressly confirmed
to the purchaser in writing.
18. Miscellaneous If any individual provisions of these Terms and Conditions are invalid, this will
not affect the validity of the remaining provisions.
MIB Messzeuge GmbH, 8. 2015